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   INFRINGEMENT QUESTION
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   Author  Topic: INFRINGEMENT QUESTION  (Read 385 times)
patag2001
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INFRINGEMENT QUESTION
« on: Aug 18th, 2007, 2:16pm »
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I want to verify my understanding of a significant concept of patent law.
 
I recall that the transitional phrase “comprising” means “greater than or equal to”.  Further, I recall the transitional phrase “consisting of” means “equal to”.  
 
Hence, where the transitional phrase “comprising” is used in the claims, an improvement patent of A, B, and C infringes a basic patent of A and B.
 
In contrast, an improvement patent claimed as consisting of A, B and C does not infringe a basic patent claimed as consisting of A and B.
 
Is this correct?
 
Many Thanks!!  
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Wiscagent
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Posts: 843
Re: INFRINGEMENT QUESTION
« Reply #1 on: Aug 18th, 2007, 5:07pm »
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The question is unclear.  A patent can not "infringe" another patent.  A patent may anticipate another patent; or a product may infringe a patent.
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Richard Tanzer
Patent Agent
patag2001
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Posts: 82
Re: INFRINGEMENT QUESTION
« Reply #2 on: Aug 18th, 2007, 6:07pm »
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Is this clearer?
 
I want to verify my understanding of a significant concept of patent law.  
 
I recall that the transitional phrase “comprising” means “greater than or equal to”.  Further, I recall the transitional phrase “consisting of” means “equal to”.    
 
Hence, where the transitional phrase “comprising” is used in the claims, of a product based on an improvement patent of A, B, and C infringes a basic patent of A and B.  
 
In contrast, a product based on an improvement patent claimed as consisting of A, B and C does not infringe a basic patent claimed as consisting of A and B.  
 
Is this correct?  
 
Many Thanks!!  
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Bill Richards
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Re: INFRINGEMENT QUESTION
« Reply #3 on: Aug 18th, 2007, 7:30pm »
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If I understand you correctly, you are correct.  Consisting of means no more and no less.  Comprising means more is OK.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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